Governor's amendment -- disposition of certain property in the town of Upton
Impact
The bill mandates the Division of Capital Asset Management and Maintenance (DCAMM), in consultation with the DCR, to oversee this transfer of land, which includes ensuring that the replacement land is free from contamination. The bill also requires the landfill operator to pay $25,000 in mitigation to the Conservation Trust as compensation for the past environmental damage caused to the state land. This financial component, however, has raised questions regarding whether the amount adequately reflects the scope of the contamination previously inflicted upon the state forest.
Summary
Senate Bill S2938 proposes amendments to Chapter 156 of the Acts of 2005, specifically addressing the disposition of certain properties in the town of Upton, Massachusetts. The bill aims to facilitate the conveyance of land currently managed by the Department of Conservation and Recreation (DCR) to a landfill operator that has previously encroached upon the Upton State Forest. This forest, a protected area under Article 97 of the Massachusetts Constitution, comprises 2,660 acres and is crucial for conservation. The conveyance would be contingent upon the acceptance of replacement land that is deemed suitable for similar conservation purposes.
Contention
Key points of contention surrounding S2938 include the assumption that the replacement land is suitable for conservation without conducting thorough due diligence on its current status. Critics argue that this assumption might jeopardize the original intent of protecting state lands under Article 97. Additionally, the environmental implications of transferring potentially contaminated land raise concerns among environmentalists and local residents. There are calls for more robust safeguards to ensure that the conveyance process is secure and that the state is compensated adequately for the land being transferred.
So much of the message from Her Excellency the Governor returning the General Appropriation Bill for fiscal year 2024 (see House, No. 4040) as relates to Attachments A through G, for items returned with disapproval of wording under the provisions of Section 5 of Article LXIII and sections returned with recommendations of amendments under the provisions of Article LVI of the Amendments to the Constitution (House, No. 4055). August 9, 2023
In disposition of Commonwealth surplus land, further providing for definitions, for annual property survey, for property disposition and for conditions upon conveyance; and making an editorial change.
In disposition of Commonwealth surplus land, further providing for limited definitions, for annual property survey, for property disposition and for conditions upon conveyances; and making an editorial change.